Inherently, there is great deal of paperwork involved in a divorce, from the beginning of the process to its final resolution. For instance, when a couple decides to dissolve their marriage, they can initiate the process by filing a divorce petition. It is important to understand where this filing must take place.
Since state courts hold jurisdiction over the divorce proceedings of its residents, spouses must file the divorce petition with a branch of their state court. Many of the county and district branches of state courts include a family law division, which handles divorce cases. In states that do not have family courts, divorce petitions must be filed in the civil division of the state’s superior or circuit court.
In general, there are residency requirements to consider when filing for divorce. While these requirements vary by state, they generally set rules in regard to the amount of time petitioners must have resided in the state in which they are trying to dissolve their marriage. Depending on the state, the amount of time can be as much as one year. Furthermore, in most states, petitioners must also take heed to the residency requirements set forth by the particular district or county in which they are filing. An exception is, in some cases, made for military members. Most states let these individuals file for divorce in the places they are stationed.
Executing a divorce can be a complex and exhaustive process, and many rules and regulations apply. When spouses move apart prior to making the decision to divorce, it may be challenging to determine where to begin filing. Questions about residency requirements can usually be resolved by checking with a local branch of the state court or perusing the state court’s website. The divorce petition constitutes merely the beginning of the divorce process. Even after filing, it is essential to become familiar with the paperwork and processes essential to child custody and other related issues. These must be dealt with in a separate manner.